Komentar študenta prava Roka Dacarja o napovedanem koncertu Thompsona v Mariboru: »Kdor poje zlo ne misli?«

Legendarni francoski pevec Charles Trenet je v eni izmed pesmi, Duša poetov, prepeval, da se pesmi še dolgi po smrti pevcev pretakajo po cestah, množice pa jih pojo, čeprav ne vedo kdo jih je sploh napisal. Zagotovo je besedilo preveč romantično, nam pa kljub temu pokaže kakšen pomen ima lahko nekaj zapetih besed. Simbolizirajo lahko cela obdobja, posebno tiste, ki so napisane v težkih časih pa so za ljudi žarek prepotrebnega upanja.

Seveda pa ne gre podcenjevati niti pomena tistih pesmi, ki v sebi nosijo sporočila, ki nasprotujejo vrednotam na katerih naša družba stoji. Za trenutno situacijo zelo aktualen primer so tiste, ki jih prepeva hrvaški zvezdnik Marko Perković, po puški, ki jo je nosil med Domovinsko vojno znan tudi kot Thompson. In ta estradnik bo čez dober mesec verjetno prišel prepevati v mariborsko Festivalno dvorano.

Najprej nekaj besed o dotičnem gospodu in njegovem repertoarju. Sam se imenuje domoljub, svoje pesmi pa domoljubne, kar niti ni nenavadno, saj je začel svojo kariero v času Domovinske vojne, ko je bila tretjina hrvaške pod srbsko okupacijo in je večina Hrvatov, med njimi tudi pevcev, upravičeno začutila domoljubni klic. Besedila nekaterih njegovih pesmi, pa gredo v nekoliko bolj ekstremno »domoljubje« kot tista njegovih sodobnikov.

Sam jih sicer podrobno ne poznam, sem pa jih zavoljo tega članka nekaj prebral, med njimi tudi njegov Waterloo, prvi in največji hit, Bojna Čavoglava, v katerem med drugim poziva k metanju bomb na »bando«, začne pa jo z besedami »Za dom – spremni!«, ustaškim pozdravom. Še v večje ekstreme gre pesem Jasenovac i Gradiška stara, kjer odkrito simpatizira z poglavnikom Pavelićem in govori o klanju Srbov. Seveda pa ne gre pozabiti omeniti niti ustaške ikonografije, ki je pogost spremljevalec njegovih koncertov.

Po vsem povedanem osebno menim, da njegov nastop v necenzurirani obliki pri nas nima kaj iskati. Enakega mnenja so bili tudi v Bosni in Hercegovini pa tudi v Švici in v Avstriji. Ampak zakaj, ko pa ima v liberalni državi vsak pravico do svobode govora, gotovo pa tudi pravico poslušati kar hoče ter svobodo hoditi na koncerte, ki si jih zaželi?

Kdor želi poslušati Thompsona to vsekakor lahko (čeprav bi mu osebno svetoval naj si raje nabavi CD Oliverja Dragojevića ali Davorja Radolfija). Pravico ima tudi obiskati njegov koncert, kar pa še ne pomeni, da nima država pravice tega koncerta prepovedati ali le pogojno dovoliti. In to bi morala storiti.

Pravica do svobode govora, in pod svobodo govora ne spada le to, kar razumemo z besedo govor, pač pa tudi sporočanje na ostale načine, tudi v pesmih, namreč nikakor ni neomejena in vseobsežna. Je ena temeljenjih pravic v vsaki liberalni državi, kot tako pa jo močno ščitijo tudi sodišča, posebno ustavna ter Evropsko sodišče za človekove pravice.

Ščitijo se tudi in predvsem tiste izjave, ki užalijo in šokirajo, a to morajo narediti z nekim legitimnim ciljem. V očeh ESČP je bila recimo dopustna označba poslanca Srečka Prijatelja za „cerebralnega bankrotiranca“, ker je bil namen relevantnega komentarja v Mladini se odzvati na žaljive izjave poslanca, naperjene zoper istospolno usmerjene.

Izjave, ki so žaljive samo zato, da so žaljive in ki povrhu vsega še dokaj odkrito zbujajo sovraštvo pa nikakor niso zavarovane. Francoska sodišča so „komika“ Dieudonnéja obsodila na 10 000 evrov globe, ker je na enem izmed njegovih nastopov bil prisoten tudi negacionist, oblečen v črtasto pižamo z davidovo zvezdo. Evropsko sodišče za človekove pravice je njegovo pritožbo zavrnilo in dalo prav francoskim oblastem kajti „svoboda govora ne varuje tudi zanikanja holokavsta“.

V takšnem primeru gre za tako imenovano zlorabo pravice, ki jo ureja 17. člen Evropske konvencije o človekovih pravica in ki preprečuje, da bi z zlorabo konvencijske pravice napadali kako drugo konvencijsko pravico. Popolnoma dopustno in v skladu s sodno prakso je torej, da se takšne omejitve svobode govora dopustijo, seveda pa morajo biti sorazmerne.

Podobnih primerov bi se dalo najti še na desetine, a dotični je posebno podoben situaciji z Thompsonom, ki sicer holokavsta ne zanika, zato pa opeva režim, ki je v njem aktivno sodeloval (spomnimo, da je nad razmerami v Jesenovcu bil šokiran celo šef SS Heinrich Himmler).

Sicer je res, da ima veliko drugih pesmi militantno vsebino in da pozivajo k nasilju, pa se kljub temu nikomur ne zdijo problematične. Lep primer sta recimo ameriška (Then conquer we must when our cause it is just/torej moramo zavojevati ko je naš cilj pravičen) ali francoska (aux armes citoyens/k orožju državljani) himna. A te besede je potrebno razumeti v kontekstu časa in okoliščin v katerih so bile napisane. Enako logiko lahko uporabimo tudi za razne pesmi iz novejše zgodovine, recimo partizanske.

Nikakor pa ni mogoče argumentirati ali celo opravičiti opevanja koncentracijskega taborišča v katerem so ustaši poklali nekaj sto tisoč ljudi. To ni več domoljubje, pač pa odkrito simpatiziranje z zločinskih režimom. In pozdrav „Za dom – spremni“ je simbol tega režima. Čeprav ga je baje prvič uporabil ban Šubić-Zrinski, kasneje pa tudi ban Jelačić, je neločljivo povezan z NDH, kjer je bil uradni pozdrav.

Torej ustaška verzija tretjerajhovskega „Sieg Heil“. Dokaj pogost argument, da je to zgodovinski pozdrav, ki nima nobene povezave z ustaši ima torej približno enako moč, kot bi jo imelo opravičevanje poveličevanja kljukastega križa rekoč, da je to v resnici sveti simbol budistov in hindujcev, ki so ga nacisti zgolj zlorabili.

Si lahko kdo zamisli, da bi kak nemški pevec na začetku svojega šlagerja zakričal „Sieg Heil“? Ali pa da bi v kaki pesmi opeval zaplinjevanje Judov ali streljanje talcev?

A ultranacionalistične pesmi so le del Thompsonovega repertoarja. Prepeva tudi druge, domoljubne in ljubezenske. Prepovedati njegov koncert Thompsona v Mariboru zato, ker je na drugih prepeval in bi tudi na tem lahko nekaj pesmi, ki so „problematične“, bi bilo po mojem mnenju pretiran ukrep. Cilj preprečiti (ne)posredno poveličevanje hrvaškega ultranacionalizma bi se dalo doseči tudi na manj agresiven način. Lahko bi koncert cenzurirali, določili, katere pesmi se sme in katerih se ne sme peti.

To ni le ustaljena praksa v Severni Koreji, kjer je takšno obravnavo doživela skupina Laibach, pač pa je takšni cenzuri bil podvržen Thompsonov koncert v Švici. Poleg tega pa bi morali tudi aktivno poskrbeti za to, da bi na koncertu ne prihajalo do proustaških izpadov publike. To bi se dalo doseči z zasegom raznih zastav, majic in drugih nosilcev sporočil z ustaško vsebino na vhodu, s poostreno policijsko prisotnostjo na koncertu ter doslednim sankcioniranjem vsakega neprimernega klica.

Tak ukrep bi bil veliko bolj učinkovit kot popolna prepoved koncerta, saj bi ne prilival olja na ogenj ultranacionalistom. Ti bi ne mogli reči, da država aktivno posega v njihova življenje z določanjem katere koncerte smejo in katerih ne smejo obiskati, ter tako pridobivati še dodatne podpore. In še posebno danes, ko se Evropa vse bolj oblači v rjavo je potrebno še toliko bolj paziti, da v želji po boju zoper razna skrajna gibanja teh v resnici ne okrepimo še bolj.

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